The Committee on Education moved to amend the bill by striking
out everything after the enacting clause and inserting in lieu
thereof the following:

That §30-7B-8 of the Code of West Virginia, 1931, as amended,
be repealed; that §18C-3-2 and §18C-3-3 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §18C-3-4; and that §30-7B-2, §30-7B-3,
§30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7 and §30-7B-9 of said Code be
amended and reenacted, all to read as follows:

(a) The board of trustees is herebycommission is authorized
to enter into a contractcontracts with an educational institution
or institutions outside the state that offer training in optometry,
podiatry or veterinary medicine by the terms of which the board of
trusteescommission may obligate itself to pay the institution,
within the limits of any appropriation made for the purpose, a
stated amount per year for each West Virginia student the
institution will agree to accept for training in optometry,
podiatry or veterinary medicine.

(b) Each year the board of trusteescommission shall each year
send to any suchappropriate institution a certified list of all
persons applying to the trusteescommission for training in
optometry, podiatry or veterinary medicine who are bona fide
citizens and residents of this state prior to the filing of their
applications, and who have completed either within or without the
state the course of study required by the institution as a
prerequisite to the study of optometry, podiatry or veterinary
medicine.

(c) Upon graduation from an educational institution for study
of optometry, podiatry or veterinary medicine, a person who
receives state aid under this section is required to meet one of
the following conditions:

(1) Practice full-time in this state in the field for which he
or she obtained financial aid, one year for each year the student
received financial aid under this section; or

(2) Reimburse the commission for the amount received under
this section. Repayments, including interest as set by the vice
chancellor for administration, collected from program award
recipients who fail to practice in West Virginia under the terms of
the program award agreement as set forth under this section shall
be returned to the commission for use in the financial aid
programs.

(d) The commission shall propose a legislative rule in
accordance with the provisions of article three-a, chapter twenty-nine-a of this code to implement the provisions of this section.
The rule shall address at least the following items:

(1) Eligibility and selection criteria;

(2) Reimbursement and repayment;

(3) Forgiveness options for death or disability;

(4) Terms of an agreement to which the student must agree; and

(5) An appeal process.

(e) If considered necessary by the commission, the provisions
of this section may be extended by legislative rule to other
professional degrees which are not provided in the state, but which
are needed to enhance the state’s economy.

(a) Legislative findings. -- The Legislature finds that there
is a critical need for additional practicing health care
professionals in West Virginia. Therefore, there is hereby created
a health sciences scholarship programhealth sciences service
program to be administered by the vice chancellor for health
sciences. The purpose of this program is to provide an incentive
for health professional students to complete their training and
provide primary care in underserved areas of West Virginia.

(b) Establishment of special account. -- There is hereby
establishedcontinued a special revolving fund account under the
higher education policy commission in the State Treasury to be
formerly known as the "Health Sciences Scholarship Fund" that shall
be usedand hereafter designated the “Health Sciences Service
Program Fund” to carry out the purposes of this section. The fund
shall consistconsists of one or more of the following:

(1) All unexpended health sciences scholarship funds on
deposit in the State Treasury on the effective date of this
section;

(2) Appropriations as may be provided by the Legislature;

(3) Repayments, including interest as set by the vice
chancellor for health sciences, collected from scholarshipprogram
award recipients who fail to practice or teach in West Virginia
under the terms of the scholarshipprogram award agreement as set
forth under this section or the health sciences scholarship program
previously established by this section; or

(4) Amounts that may become available from other sources.

Balances remaining in the fund at the end of the fiscal year
shall not expire or revert to the general revenue. All costs
associated with the administration of this section shall be paid
from the Health Sciences Service Program Fund under the direction
of the vice chancellor for health sciences.

(c) Eligibility requirements. --

(1) An individual is eligible for consideration for a health
sciences scholarshiphealth sciences service program awardif the
individualunder the following conditions:

(1) Either:

(A)(1)The applicant is a fourth-year medical student at the
Marshall University School of Medicine, West Virginia School of
Osteopathic Medicine or West Virginia University School of Medicine
who has been accepted in a primary care internship/residency
program in West Virginia; or

(B)(2)The applicant is enrolled or accepted for enrollment
in an approved education program at a West Virginia institution
leading to a degree or certification in the field of nurse
practitioner, nurse midwife, physician assistant, physical
therapist, doctoral clinical psychologist, licensed independent
clinical social worker, or other disciplines identified as shortage
fields by the vice chancellor for health sciences; and

(2)(3)The applicant signs an agreement to practice for at
least two years in an underserved area of West Virginia. as
determined by the bureau for public health. An individual also is
eligible for consideration for a health sciences scholarshiphealth
sciences service program award if the individual is pursuing a
master’s degree in nursing and signs an agreement to teach at least
two years for a school of nursing located in West Virginia, as may
be determined by the vice chancellor for health sciences, after
receiving her or his master’s degree. AwardingWhen making awards,
preference will be given to West Virginia residents.

(d) Scholarship awardsProgram awards.-- ScholarshipsProgram awards shall be in thean amount ofset by the Higher
Education Policy Commission of at least $20,000 for medical
students and at least $10,000 for all others and may be awarded by
the vice chancellor for health sciences, with the advice of an
advisory panel, from the pool of all applicants with a commitment
to practice in an underserved area of West Virginia. as determined
by the bureau for public health. Nothing herein shall be construed
as granting or guaranteeinggrants or guaranteesanyan applicant
any right to such a scholarshipprogram award.

(e) Repayment provisions. -- A scholarshipprogram award
recipient who fails to practice in an underserved area of West
Virginia within six months of the completion of his or her
training, who fails to complete his or her training or who fails to
complete the required teaching is in breach of contract and is
liable for repayment of the total scholarship amount received plus
interestprogram award and any accrued interest. The granting or
renewal of a license to practice in West Virginia or to reciprocal
licensure in another state based upon licensure in West Virginia
shall be contingent upon beginning payment and continuing payment
until complete repayment of the total scholarship amount if the
recipient fails to practice in an underserved areaprogram award
and any accrued interest is complete. No license, renewal or
reciprocity shall be granted to persons whose repayments are in
arrears. The appropriate regulatory board shall inform all other
states where a recipient has reciprocated based upon West Virginia
licensure of any refusal to renew licensure in West Virginia as a
result of failure to repay the scholarship amountprogram award.
This provision shall be explained in bold type in the scholarshipprogram award contract. Repayment terms, not inconsistent with
this section, shall be established by the vice chancellor for
health sciences pursuant to rules as required under subsection (f)
of this section.

(f) Promulgation of rules. -- The Higher Education Policy
Commission shall promulgatepropose rules pursuant to article
three-a, chapter twenty nine-a of this code necessary for the
implementation and administration of this section.

(g) Definitions. -- For purposes of the repayment provisions
of this section: the term

(1) “Training” means the entire degree program or
certification program for nurse midwives, nurse practitioners,
physician assistants, physical therapists, doctoral clinical
psychologists, licensed independent clinical social workers, and
other disciplines identified as shortage fieldfields by the vice
chancellor. The term also means the completion of a degree program
and includes completion of an approved residency/internship program
for students pursuing a degree in medicine or a degree in
osteopathy.

(2) “Underserved area” means any primary care health
professional shortage area located in the state as determined by
the Bureau for Public Health or any additional health professional
shortage area determined by the vice chancellor for health
sciences.

(a) There is continued in the State Treasury a special revenue
account known as the “Center for Nursing Fund” to be administered
by the commission for the purposes of this section. Balances
remaining in the fund at the end of the fiscal year shall not
expire or revert to the general revenue. All costs associated with
the administration of this section shall be paid from the Center
for Nursing Fund under the direction of the Vice Chancellor for
Administration. Administrative costs are to be minimized and the
maximum amount feasible is to be used to fund awards for students
in nursing programs.

(b) The account is funded from the following sources:

(1) A supplemental licensure fee not to exceed $10 per year to
be paid by all nurses licensed by the Board of Examiners for
Registered Professional Nurses, pursuant to section eight-a,
article seven, chapter thirty of this code, and the Board of
Examiners for Licensed Practical Nurses, pursuant to section
seven-a, article seven-a, chapter thirty of this code;

(2) Repayments, including interest as set by the vice
chancellor for administration, collected from program award
recipients who fail to practice or teach in West Virginia under the
terms of the program award agreement as set forth under this
section; and

(3) Other public and private funds.

(c) In consultation with the board of directors of the West
Virginia Center for Nursing, established pursuant to article seven-b, chapter thirty of this code, the commission shall administer a
financial aid program designed to benefit nurses who practice in
hospitals and other health care institutions or teach in state
nursing programs. Awards shall be made as follows, subject to the
terms of the rule provided for in this section:

(A) An award of at least $3,000 for a student in an approved
LPN nursing program located in the state. The student shall be
required to practice in West Virginia for at least one year;

(B) An award of at least $7,500 for a student who has
completed half of an approved RN nursing program located in West
Virginia. A recipient shall be required to teach or practice in
West Virginia for at least two years.

(C) An award of at least $15,000 to a student in a nursing
education master’s degree program or doctoral student in an
approved nursing program located in West Virginia who shall be
required to teach in the state for at least two years.

(d) A student who has received financial aid under the
provisions of this section shall meet one of the following
conditions:

(1) Fulfill the service requirements provided in this section
and in any rules pertaining to this program which are duly
promulgated by the commission; or

(2) Reimburse the commission for the amount received under
this section together with accrued interest as provided by the
student agreement.

(e) The commission shall propose legislative rules in
accordance with the provisions of article three-a, chapter twenty-nine-a of this code to implement the provisions of this section.
The rules shall address at least the following issues:

(1) Eligibility and selection criteria for participation in
the financial aid program;

(2) Terms of a student agreement which the student must
execute as a condition of receiving finacial aid;

(3) Reimbursement and repayment by students who receive
financial aid but fail to fulfill the post-graduation practice
requirements;

(4) Forgiveness options for death or disability of a student
who received financial aid under this section; and

(5) An appeal process for students who were denied
participation or who have been ordered to pay reimbursement and
interest for failure to meet the conditions of receiving financial
aid.

(f) The commission shall report by the first of December
annually to the Legislative Oversight Commission on Health and
Human Resources Accountability and the Legislative Oversight
Commission on Education Accountability on the number of students
who have received awards and on all other matters relevant to the
provisions of this section.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 7B. CENTER FOR NURSING.

§30-7B-2. Definitions.

As used in this article, the following words have the meanings
ascribed to them unless the context clearly indicates a different
meaning:

(a) ”Annual turnover rate” means the number of nurses who
leave an organization in a year divided by the average number of
nurses employed in that year;

(b) “Board” means the Board of Directors for the West Virginia
Center for Nursing.

(c) “Center” means the West Virginia Center for Nursing.

(d) “Direct patient care” means health care that provides for
the physical, emotional, diagnostic or rehabilitative needs of a
patient, or health care that involves examination, treatment or
preparation for diagnostic tests or procedures.

(e) “Hard to fill vacancy” means recruitment difficulties
experienced which include, but are not limited to, lack of
applicants, applicants who lack the proper qualifications,
competition and undesirable hours.

(f) “Vacancy rate” means the number of vacant budgeted nursing
positions divided by the total number of budgeted nursing positions
at a point in time.

§30-7B-3. West Virginia Center for Nursing.

(a) The West Virginia Center for Nursing is continued to
address the issues of recruitment and retention of nurses in West
Virginia.

(b) The Higher Education Policy Commission shall provide
suitable office space for the center and shall provide staff
support as necessary. The commission also shall share statistics
and other pertinent information with the center and shall work
cooperatively to assist it to achieve its objectives.

§30-7B-4. Center’s powers and duties.

The center has the following responsibilities:

(a) Establish a statewide strategic plan to address the
nursing shortage in West Virginia;

(1) The center shall collect data from employers annually and
shall collaborate with employers and other state agencies to
develop the best method for data collection.

(2) The data shall include vacancy rates, annual turnover rate
and statistics regarding hard to fill vacancies for all levels of
nurses.

(3) Employers of nurses who are surveyed shall provide data by
the deadline established by the center;

(4) The center shall report data in aggregate form by
workforce region and shall use the data to plan strategically for
recruitment and retention initiatives by region.

(5) Data received under this section that contains information
identifying specific patients or health care facilities is
confidential, is not subject to disclosure and may not be released
unless all identifying information is removed.

(c) Establish and maintain a website to disseminate
information about the center, its mission, educational
opportunities and financial aid available in West Virginia;

(d) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies; and

(e) The center has the authority to perform other activities
necessary or expedient to accomplish the purposes and implement the
provisions of this article.

§30-7B-5. Board of directors.

(a) The center is governed by a board consisting of the
following members:

(1) Two representatives from the West Virginia Board of
Examiners for Registered Professional Nurses, as follows:

(A) One representing a bachelor and higher degree program; and

(B) One representing an associate degree program;

(2) One representative from the West Virginia Board of
Examiners for Licensed Practical Nurses;

(9) Two lay citizen members as required by section four-a,
article one, chapter thirty of this code;

(10) Two ex officio, non-voting members, as follows:

(A) The Secretary of the Department of Health and Human
Resources or his or her designee; and

(B) A representative from the Workforce Development Office.

(b) After the initial terms expire, terms are four years and
no member may serve more than two consecutive terms.

(c) The board shall elect annually from its voting members a
president and a secretary as required by section three, article
one, chapter thirty of this code. A majority of the appointed
members constitutes a quorum.

(d) In the case of a vacancy, the Governor has thirty days to
fill the vacancy or the Board of Examiners for Registered
Professional Nurses shall appoint a member to serve on the board.

(e) The members of the board who are in office on the
effective date of this section, unless sooner removed, shall
continue to serve until their respective terms expire and until
their successors have been appointed and qualified.

(f) Each member of the board is entitled to receive
reimbursement for expenses in accordance with article one, chapter
thirty of this code and section seven of this article.

§30-7B-6. Powers and duties of the board of directors.

(a) The board has the following powers and duties:

(1) Determine policy for the operation of the center to
accomplish the purposes of this article; and

(2) Advise the Higher Education Policy Commission on matters
pertaining to the administration of the nursing financial aid
program established pursuant to section four, article three,
chapter eighteen-c of this code.

(b) The board shall rely upon the staff of the Higher
Education Policy Commission to provide administrative and
professional support as needed.

§30-7B-7. Reimbursement for expenses.

(a) Members of the board shall serve without compensation, but
may be reimbursed for actual and necessary expenses incurred for
each day or portion thereof in which they are engaged in the
discharge of official duties. Reimbursements are made in a manner
consistent with guidelines of the travel management office of the
Department of Administration.

(b) The Higher Education Policy Commission shall provide for
members’ reimbursement from the funds accrued in the Center for
Nursing Fund revenue account.

§30-7B-9. Reports.

The center shall report by December 1 of each year to the
Legislative Oversight Commission on Health and Human Resources
Accountability and the Legislative Oversight Commission on
Education Accountability on its progress in developing a statewide
strategic plan to address the nursing shortage in West Virginia and
on any other issues the board considers relevant to the practice of
nursing in this state. Additionally, the board shall provide
drafts of legislation needed to implement recommendations of the
center’s strategic plan.